Each of the City’s LUB’s have different requirements for architecture or landscape architecture professionals, as follows:

• Design Review Board: a minimum of one (1) architect and one (1) landscape architect registered in the State of Florida.

• Historic Preservation Board: a minimum of one (1) architect registered in the State of Florida.

• Board of Adjustment: a minimum of one (1) architect registered in the State of Florida.

• Planning Board: a minimum of one (1) architect or landscape architect registered in the State of Florida. However, for the Planning Board, there is an option for a member of the faculty of a school of architecture or a professional practicing in the field of architectural or urban design or urban planning to fill this membership position.

In the past, an issue raised by architecture and landscape architecture professionals when considering whether to seek appointment to a City of Miami Beach LUB is the ability to work on projects within the City. Often potential board members are concerned about a conflict with Section 2-459 of the City Code, pertaining to prohibited appearances. Specifically, Section 2-459 of the Code prohibits professionals, whether directly or indirectly, from engaging in any lobbying activity within the city.

The LUSC discussed the item at its February 26, 2024 meeting and recommended the following:

1. The City Commission approve enhanced recruiting efforts for Land Use Board (LUB) members. This recommendation will be considered separately via Resolution.

2. The City Commission refer an ordinance to the Planning Board to amend the Land Development Regulations of the City Code (LDRs) to expand the LUB architect and landscape architect membership categories to include additional options for non-registered design professionals.

Having development review boards with balanced perspectives, as well as practical experience in the fields of architecture or landscape architecture, is highly desirable. If referred, the Administration will draft an amendment to the LDRs to further expand options for the professional member categories and present it to the Planning Board.

APPLICATION FEE WAIVER
The subject amendment is proposed on a comprehensive basis, and not on behalf of a private applicant or third party. Pursuant to section 2.4.1.c of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 2.2.3.5, 2.2.3.6, and appendix A to the City Code. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:

1. The City Commission determines that the proposed amendment is necessary due to a change in federal or state law, or to implement best practices in urban planning, or based on circumstances unique to the proposed amendment.

2. Upon the written recommendation of the City Manager acknowledging a documented financial hardship of a property owner(s) or developer(s).

3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.

Should this proposal be referred to the Planning Board, the Administration recommends that the City Commission determine that the proposed amendment is necessary based on circumstances unique to the proposed amendment and waive the applicable fees.

LOBBYIST DISCLOSURE
In accordance with Resolution 2023-32857, adopted by the City Commission on December 13, 2023, the following information has been provided by the primary item sponsor as it relates to the subject ordinance amendment:

1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

2. If so, specify name of lobbyist(s) and principal(s): Not Applicable